SZEEO v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 546

FEDERAL COURT OF AUSTRALIA

SZEEO v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 546 MIGRATION – appeal from decision of Federal Magistrate – application to dismiss appeal – whether illogicality constitutes an error of law – whether Tribunal's decision was illogical or irrational PRACTICE AND PROCEDURE – leave to appeal – Federal Magistrate dismissed proceedings on basis of "Anshun" estoppel and issue estoppel – whether decision was Federal Magistrate's final or interlocutory – application for leave to amend Amended Notice of Appeal Migration Act 1958 (Cth) NADC v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 201 referred to NADC v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 176 referred to Wong v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 242 referred to MZWHW v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 466 considered Port of Melbourne Authority v Anshun Proprietary Limited (No 1) (1980) 147 CLR 35 followed The Lardil Peoples v State of Queensland (2001) 108 FCR 453 cited NACB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 235 followed VWST v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 286 followed NATC v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 52 followed W404/01A of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 255 followed Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 207 ALR 12 considered Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59 referred to Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited SZEEO v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD104 OF 2005 TAMBERLIN J SYDNEY 6 MAY 2005